Washington — Mainstream media outlets were looking for some type of win on Friday when they started running stories about the Supreme Court ruling on Texas SB 8. They found it when Chief Justice John Roberts ruled to save the mask mandate on airlines. The mask mandate ruling should not be what we are looking at when we talk about Chief Justice John Roberts though.
On Friday, as he sided with the court’s liberal justices on SB 8, Roberts wrote the dissenting opinion of the court. In his comments, Roberts seemed to indicate that the Supreme Court of the United States is more important than the Constitution. That is a big deal when you consider the context in which he made the statement.
Roberts said, “The clear purpose and actual effect of S. B. 8 has been to nullify this Court’s rulings.” He believes that Texas only attempted to pass this law in order to circumvent the Supreme Court and the decisions of Roe v Wade and Casey v Planned Parenthood.
He continued, “It is, however, a basic principle that the Constitution is the “fundamental and paramount law of the nation,” and “[i]t is emphatically the province and duty of the judicial department to say what the law is.” Marbury v. Madison, 1 Cranch 137, 177 (1803).” This part of his statement is true. The Constitution is the fundamental and paramount law of the nation. It is the supreme law.
In the context he states that, indicates that Roberts believes that abortion is a constitutional right. He continued, ”
Indeed, “[i]f the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery.” United States v. Peters, 5 Cranch 115, 136 (1809).
So for states to rule in favor of life on a matter that is not explicitly protected in the Constitution, that is overruling the court’s judgments which he claims “makes a mockery of the Constitution itself. But abortion is not in the Constitution. It was made up and legislated from the Supreme Court bench. Which brings this picture full circle.
Roberts then said, “The nature of the federal right infringed does not matter; it is the role of the Supreme Court in our constitutional system that is at stake.” Roberts states that federal rights do not matter, but the Supreme Court and what it says matters. Nothing in the Constitution matters, it only matters what the Supreme Court says and rules from its bench.
That is dangerous territory for the United States to be on. When the leader of the Supreme Court believes that the power of the court supersedes that of the Constitution, our Congress, and the desires of American citizens, that is a major problem.
The Supreme Court does not exist to make laws, as it did when it granted the “constitutional right” to an abortion. The Constitution of our nation does not grant you the right to end someone’s life if they are simply a bother or hindrance to your own. If that were the case, murder rates would skyrocket across our nation.
The radical left wants to argue that the 14th Amendment would protect the right to an abortion, but they completely overlook that the same 14th Amendment states, “nor shall any State deprive any person of life, liberty, or property, without due process of law.” Allowing abortion certainly denies a person of life, liberty, and property as they are sentenced to death before they are given the chance.
The fact that our Chief Justice believes that he and 8 other members reserve the right to decide what is and is not law in our nation is an issue. The Supreme Court is not designed to create law, but rather assure that law does not violate constitutional rights. It is not designed to add to or take away from the Constitution. It is designed to protect it at all costs.
Instead, we have a Chief Justice who is more concerned about the future and power of his court, than he is the actual Constitution itself. He is more interested in making up laws and establishing them as constitutional rights rather than protecting the Constitution from radical assaults.
Who knows, it may not be long before Roberts declares he supports court-packing, since he believes the Supreme Court is the ultimate authority on American life.
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